JOURNAL ARTICLE

What Standard of Proof Must Employers Satisfy to Demonstrate the Applicability of a Fair Labor Standards Act Exemption?

  • Published In: Preview of United States Supreme Court Cases, 2024, v. 52, n. 2. P. 10 1 of 3

  • Database: Criminal Justice Abstracts with Full Text 2 of 3

  • Authored By: Lofaso, Anne Marie 3 of 3

Abstract

Employees of E.M.D. Sales, Inc., an international food distributor, sued E.M.D., alleging that it violated the Fair Labor Standards Act (FLSA) when it withheld overtime wages from these employees. As an affirmative defense, E.M.D. asserted that the employees were FLSA-exempted outside salesmen. This case asks the Court to determine whether employers must use the preponderance-of-the-evidence standard or the clear-and-convincing evidence standard to prove the applicability of an exemption under the FLSA. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Preview of United States Supreme Court Cases. 2024/11, Vol. 52, Issue 2, p10
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:0363-0048
  • Accession Number:181214956
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